Madras High Court
Lakshmi Ring Travellers (Coimbatore) ... vs Tamil Nadu Generation And Distribution on 22 November, 2022
Author: N.Sathish Kumar
Bench: N.Sathish Kumar
W.P.No.3281 of 2015
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.11.2022
Coram
The Honourable Mr.Justice N.Sathish Kumar
W.P.No.3281 of 2015
Lakshmi Ring Travellers (Coimbatore) Ltd. HT SC No.496
No.34-A, Kamaraj Road
Coimbatore
Factory Situated at
S.F.No.452/1, Ponnandampalayam Road
Kaniyur Post, Coimbatore
repd. by its Chief executive officer
K.Mohanakumaraswamy ... Petitioner
Vs.
1.TAMIL NADU GENERATION AND DISTRIBUTION
CORPORATION LIMITED (TANGEDCO),
Represented by its Chairman and Managing Director
144, Anna Salai, Chennai 600 002
2.THE SUPERINTENDING ENGINEER TANGEDCO
Coimbatore Electricity Distribution Circle / South
Combatore 641012
3.CENTRAL ELECTRICITY AUTHORITY (CEA)
Represented by its Chairperson,
6th Floor, Sewa Bhawan, R.K.Puram, New Delhi – 110 066.
4.TAMIL NADU ELECTRICITY
REGULATORY COMMISSION (TNERC),
Represented by its Secretary,
19-A, Rukmini Laskhmipathy Salai, (Marshall's Road),
Egmore, Chennai – 600 008. ... Respondents
1/6
https://www.mhc.tn.gov.in/judis
W.P.No.3281 of 2015
PRAYER: Writ Petition filed under Article 206 of the Constitution of India
praying for the issuance of a Writ of Certiorarified Mandamus, calling for
the records of the 2nd respondent culminating in the impugned letter bearing
No.Lr.No.SE/CEDC/S/AEE.GI/AEG2/F Harmonics / D.No.2518/14 dated
21.11.2014, quash the same and forbear the 1st and 2nd respondents, their
men, officers, agents, servants, representatives and / or any one claiming
through or under them and / or any other person from in any manner
insisting on harmonic control and levying demanding and / or collecting
charges and compensation for harmonics dumping from the petitioner for
their HT SC No.496 either through the CC Bills or in any other manner who
is connected with 11 KV supply line.
For Petitioner : M/S.R.S.Pandiyaraj
For R1 to 4 : Mr.L.Jai Venkatesh
Standing Counsel
ORDER
The challenge in this Writ Petition is to the notice, dated 23.05.2017, issued by the second respondent towards the levy of harmonic compensation charges and to quash the same as illegal, arbitrary, and against the regulation 2007 framed by the second respondent and consequently, forbearing the 2nd respondent from in any manner levying, demanding and 2/6 https://www.mhc.tn.gov.in/judis W.P.No.3281 of 2015 collecting surcharges for not providing the harmonic controls from the petitioner, who is connected with 11 KV supply line.
2.Learned counsel appearing for the petitioner submitted that, as per CEA Regulations, the Industries, which are connected to the power supply of 33 KV and above, are required to install the equipment, Harmonic Filters and since the petitioner-Industry has been connected only to the power supply of 11 KV, there is no need for the petitioner-Industry to install the harmonic filters. Further, the learned counsel submits that the issue involved in the present case is covered by a decision of this Court, in a batch of Writ Petitions, in W.P.Nos.25, 1900 to 1903 of 2015 etc. batch dated 05.06.2017 and he has also produced a copy of the said order for the reference of this Court.
3.Learned Standing Counsel for respondent-TANGEDCO would submit that as per the CEA Regulation, the Industries, which are connected to the supply of 33 KV and above are bound to install the Harmonic Filters. However, he fairly admitted that since the petitioner-Industry is connected 3/6 https://www.mhc.tn.gov.in/judis W.P.No.3281 of 2015 only to the power supply of 11 KV, but not connected to harmonic filters.
4. Heard the learned counsel for the petitioner and the respondents and perused the materials on record.
5.At this stage, it is beneficial to refer to Part IV of the CEA Regulations, which is reproduced as here under:-
“Clarification w.r.t. Part IV of CEA Regulations-Applicability;
''This has reference to the Part IV of the CEA (Technical Standards for connectivity to the Grid) Regulations, 2007. It is clarified that :-
(i) The condition of voltage and current harmonic as prescribed under Part IV is applicable only to the contention of the consumers, which are identified as bulk consumers and drawing power at 33 kv and above.
(ii) For the purpose of bulk consumer means a consumer, who avails supply at voltage of 33 kv or above.
Therefore, Part IV of CEA Regulations is applicable only to consumers drawing power at 33 KV or above and any consumer, who is drawing power below 33 KV shall not be covered under Part IV of CEA (A (Technical Standards for connectivity to the Grid) Regulations, 2007). '' 5.1 Thus, in view of the fact that the respondent-TANGEDCO 4/6 https://www.mhc.tn.gov.in/judis W.P.No.3281 of 2015 themselves have admitted that the petitioner-Industry is connected only to 11 KV power supply, and as per the clarification issued to Part IV of CEA Regulations, there is no necessity for the petitioner to install Harmonic Filters, in their Industry, as they are connected to 11 KV and taking into consideration of the fact that the issue involved in this Writ Petition is covered by the decision rendered by this Court, in W.P. No.25, 1900 to 1903 of 2015 etc. batch, dated 05.06.2017, this Court is of the view that the impugned order passed by the respondent-TANGEDCO is not sustainable and liable to be quashed.
6. In the result, the Writ Petition is allowed and the impugned order is set aside. No costs. Consequently, the connected Miscellaneous if any stands closed.
22.11.2022 (2/3) kas Index : yes/no Internet : yes/no Speaking Order/Non speaking order N.SATHISH KUMAR, J., 5/6 https://www.mhc.tn.gov.in/judis W.P.No.3281 of 2015 kas To.
1.The Chairman and Managing Director TAMIL NADU GENERATION AND DISTRIBUTION CORPORATION LIMITED (TANGEDCO), 144, Anna Salai, Chennai 600 002
2.THE SUPERINTENDING ENGINEER TANGEDCO Coimbatore Electricity Distribution Circle / South Combatore 641012
3.The Chairperson CENTRAL ELECTRICITY AUTHORITY (CEA) 6th Floor, Sewa Bhawan, R.K.Puram, New Delhi – 110 066.
4.The Secretary TAMIL NADU ELECTRICITY REGULATORY COMMISSION (TNERC), 19-A, Rukmini Laskhmipathy Salai, (Marshall's Road), Egmore, Chennai – 600 008.
W.P.No.3281 of 2015
22.11.2022 (2/3) 6/6 https://www.mhc.tn.gov.in/judis